Although the Mideast notes were not the main focus of the criminal probe, the source said their removal could shed further light on Berger’s intentions. The Mideast notes were allegedly taken from the National Archives along with classified documents that officials say may paint the Clinton administration’s handling of the al-Qaida threat in a negative way.

Berger told reporters he was not guilty of criminal wrongdoing.

“Last year, when I was in the archives reviewing documents, I made an honest mistake. It’s one that I deeply regret,” Berger said. “I dealt with this issue in October 2003 fully and completely. Everything that I have done all along in this process has been for the purpose of aiding and supporting the work of the 9/11 commission, and any suggestion to the contrary is simply, absolutely wrong.”